Latest news with #LakeLynn
Dominion Post
6 days ago
- Business
- Dominion Post
Lake Lynn Generation: FERC's approval of its drought response supports dismissal of Marina 1 lawsuit
dbeard@ MORGANTOWN – On July 31, The Dominion Post reported that the Federal Energy Regulatory Commission told Lake Lynn Generation that it did not violate its hydroelectric project license when it responded to low dissolved oxygen levels during the summer 2024 drought. We noted in the report the potential connection of FERC's letter to Lake Lynn with an ongoing federal lawsuit, where whether Lake Lynn had violated its license requirements was a question raised in the case. Now Lake Lynn has made the connection, and is using the letter as evidence in its defense against the suit. 'Because FERC has found that Lake Lynn did not violate its project license,' in its newest filing in the suit, 'Plaintiff has no ability to argue that Lake Lynn deviated from the standard of care in this case and, therefore, Plaintiff's Amended Complaint fails to state a claim upon which relief may be granted.' In the suit filed suit Sept. 30, 2024, Marina 1 LLC, a Biafora family company doing business as Cheat Lake Marina, alleges that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its Federal Energy Regulatory Commission license. This caused various damages, some of them irreparable. Marina 1 is seeking $50,000 compensation for property damages. Both sides are awaiting a decision from Judge Thomas Kleeh in the U.S. District Court for the Northern District of West Virginia in Clarksburg: whether the case might be dismissed; or remanded back to Monongalia County Circuit Court, where it began, and continued there; or neither and simply continue in federal court. Marina 1 contends that while Lake Lynn violated its FERC license, the issue of damages at question is a state tort law claim, and it wants the case sent back to county circuit court where it originated. Lake Lynn counters that its FERC license, not state law, sets the standards of care for the operation of its license. 'FERC must be given the opportunity to assess if Lake Lynn's license was violated in the first place. … Plaintiff's claims must be dismissed to seek relief in FERC's administrative proceedings, and, if necessary, before the Fourth Circuit [Court of Appeals].' In its newest filing in the case, Lake Lynn uses the July 30 FERC letter to support its contention. 'FERC's letter is demonstrative that Plaintiff's Amended Complaint is a collateral attack on Lake Lynn's project license,' it says. As we've reported before, in September 2024, the effects of the ongoing drought were apparent around Cheat Lake. Marinas were largely empty. Boats were stranded on mud flats. Related in part to the low lake levels, vast swaths of hydrilla covered portions of the lake surface. And the drought put Lake Lynn in a trilemma – having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat River, with an absolute minimum of 100 cfs; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. FERC told Lake Lynn in its July letter to the company that it acted correctly in its efforts to maintain the required dissolved oxygen levels.
Dominion Post
12-08-2025
- General
- Dominion Post
FERC wants answers from Lake Lynn on Cheat Lake Park maintenance problems
dbeard@ MORGANTOWN – The Federal Energy Regulatory Commission has told Lake Lynn Generation it has concerns about ongoing maintenance problems at Cheat Lake Park and is requiring answers to a list of questions by Aug. 22. FERC opens its letter to the company by recounting that it originally sought answers to a number of concerns back in January 2024: including trash removal; grounds maintenance; out of service sinks, toilets and water fountains; and exposed rusty metal at the playground. Lake Lynn filed a partial response in February, FERC said. But, 'as of the date of this letter, we still have several concerns regarding the upkeep and maintenance of these recreation facilities. Therefore, we are seeking additional information to help us determine if you are complying with your license requirements.' FERC said it has been notified that the restroom facilities are closed due to a severe water leak and that Lake Lynn is providing portable toilets as a temporary measure. 'Additionally, we continue to receive complaints that the water fountains are unusable.' Lake Lynn promised FERC in February 2024 that it would file a plan and schedule for repairs if it could not complete them by that April. 'To date, you have not provided the C\commission with a plan and schedule to return the facilities to service.' In a call with Lake Lynn staff, FERC said it learned there are talks about providing water bottle refill stations and the potential for a municipal water line to run to the park. 'However, no timeline for resolving the water outage was provided. It also remains unclear whether you are providing an [ADA-] accessible portable toilet.' FERC also noted ongoing problems with downed trees and debris accumulation at project recreation facilities. And it has received complaints that the interpretive displays and lighting along trails have not been receiving proper maintenance and cleaning, and that the displays are difficult to read. 'Based on the information provided,' FERC told Lake Lynn, 'it is not clear how quickly or frequently you respond to the maintenance and public safety needs, when identified, and whether the interpretative displays and trail lighting are functional.' Because of these concerns, FERC wants information on these issues: A plan and schedule for fixing the water leak and returning the restrooms and water fountains at Cheat Lake Park into service, including interim measures for providing potable water. Photo documentation that Lake Lynn is providing a wheelchair-accessible portable toilet while the restrooms are out of service, or a plan and schedule to do so. A detailed history of the frequency of general ground maintenance over the past two years, specifically including debris removal, the location of downed trees, and the frequency of downed tree clearing. Photo documentation that the interpretive displays are legible and documentation that the trail lighting is in good working order, or a plan and schedule to resolve any remaining maintenance issues. A detailed summary of any recent vandalism at recreation sites throughout the project; Lake Lynn's opinion on whether current security measures, protocols, patrols, etc., are sufficient at deterring vandalism and keeping up with maintenance at project recreation facilities; and if not, a plan and schedule to increase security measures to address the vandalism.
Yahoo
12-06-2025
- Business
- Yahoo
Biaforas, Lake Lynn Generation await judge's decision on next step in Cheat Lake drought lawsuit
Jun. 11—dbeard @ MORGANTOWN — Both sides in the Biafora family business dispute with Lake Lynn Generation following last summer's drought await a federal judge's decision: whether the case might be dismissed, or remanded back to Monongalia County Circuit Court and continued there — or neither and simply continue in federal court. Judge Thomas Kleeh held a hearing on the conflicting motions in May in the U.S. District Court for the Northern District of West Virginia in Clarksburg, and both sides have now filed their briefs supporting their motions. Marina 1 LLC, a Biafora family company doing business as Cheat Lake Marina, wants the case sent back to county circuit court. Lake Lynn wants it kept in federal court and wants the case dismissed. Marina 1 filed suit Sept. 30, 2024, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its Federal Energy Regulatory Commission license. This caused various damages, some of them irreparable. Marina 1 is seeking $50, 000 compensation for property damages. As explained before, the summer drought put Lake Lynn in a trilemma — having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet ; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat River, with an absolute minimum of 100 cfs ; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. Lake Lynn elected to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts and lower the lake level to keep water flowing over the dam and maintain downstream oxygen levels. Marina 1 spells out its arguments in a 10-page brief. In making its choice, "rather than providing Cheat Lake residents and businesses with notice ... informing them to take precautions of the impending lower water level, defendant lowered the water level without prior notification or FERC approval (which itself would have provided notice)." This was an unreasonable action. While Lake Lynn violated its FERC license, Marina 1 alleges, the issue at question is a state tort law claim. "The true issue here, " it alleges, "is simply whether defendant acted reasonably in making the choice to rapidly lower the water level of Cheat Lake without prior notice and, if not, is Defendant liable for the damage that its decision caused under state tort law theories. This issue requires no federal analysis, interpretation, or dispute." Lake Lynn filed its brief late last week. It counters that its FERC license, not state law, sets the standards of care for the operation of its license. "FERC must be given the opportunity to assess if Lake Lynn's license was violated in the first place. ... Plaintiff's claims must be dismissed to seek relief in FERC's administrative proceedings, and, if necessary, before the Fourth Circuit [Court of Appeals ]." The company argues that having to decide between competing license requirements in the case of an emergency was anticipated in FERC's environmental impact statement, which notes that preserving minimum flows during a drought could lower reservoir (Cheat Lake) levels. The statement says, "The primary adverse effect of such draw-downs would be on boating in the marinas." Lake Lynn also noted that the case should remain in federal court because it deals with conflicting interests between two states: maintaining lake levels in West Virginia above the dam, versus downstream water flows in Pennsylvania below the dam. It says five factors must be weighed: prioritizing license requirements ; balancing lake recreational use against the downstream ecosystem ; weighing the impact of the 2024 drought ; determining what constitutes an emergency justifying adjusting the lake levels ; and determining if its FERC license was in fact violated. Kleeh did not set a date for issuing his order on the motions.
Dominion Post
11-06-2025
- Business
- Dominion Post
Biaforas, Lake Lynn Generation await judge's decision on next step in Cheat Lake drought lawsuit
dbeard@ MORGANTOWN – Both sides in the Biafora family business dispute with Lake Lynn Generation following last summer's drought await a federal judge's decision: whether the case might be dismissed, or remanded back to Monongalia County Circuit Court and continued there – or neither and simply continue in federal court. Judge Thomas Kleeh held a hearing on the conflicting motions in May in the U.S. District Court for the Northern District of West Virginia in Clarksburg, and both sides have now filed their briefs supporting their motions. Marina 1 LLC, a Biafora family company doing business as Cheat Lake Marina, wants the case sent back to county circuit court. Lake Lynn wants it kept in federal court and wants the case dismissed. Marina 1 filed suit Sept. 30, 2024, alleging that before the Labor Day weekend, Lake Lynn deliberately lowered the level of Cheat Lake below the 868-foot minimum in violation of its Federal Energy Regulatory Commission license. This caused various damages, some of them irreparable. Marina 1 is seeking $50,000 compensation for property damages. As explained before, the summer drought put Lake Lynn in a trilemma – having to choose between three competing FERC license requirements: maintain the summer level of 868-870 feet; maintain a flow rate of 212 cubic feet per second (cfs) into the Cheat River, with an absolute minimum of 100 cfs; and maintain dissolved oxygen at 5 milligrams per liter for the aquatic life. Lake Lynn elected to prioritize complying with its license requirements to minimize adverse aquatic ecosystem impacts and lower the lake level to keep water flowing over the dam and maintain downstream oxygen levels. Marina 1 spells out its arguments in a 10-page brief. In making its choice, 'rather than providing Cheat Lake residents and businesses with notice … informing them to take precautions of the impending lower water level, defendant lowered the water level without prior notification or FERC approval (which itself would have provided notice).' This was an unreasonable action. While Lake Lynn violated its FERC license, Marina 1 alleges, the issue at question is a state tort law claim. 'The true issue here,' it alleges, 'is simply whether defendant acted reasonably in making the choice to rapidly lower the water level of Cheat Lake without prior notice and, if not, is Defendant liable for the damage that its decision caused under state tort law theories. This issue requires no federal analysis, interpretation, or dispute.' Lake Lynn filed its brief late last week. It counters that its FERC license, not state law, sets the standards of care for the operation of its license. 'FERC must be given the opportunity to assess if Lake Lynn's license was violated in the first place. … Plaintiff's claims must be dismissed to seek relief in FERC's administrative proceedings, and, if necessary, before the Fourth Circuit [Court of Appeals].' The company argues that having to decide between competing license requirements in the case of an emergency was anticipated in FERC's environmental impact statement, which notes that preserving minimum flows during a drought could lower reservoir (Cheat Lake) levels. The statement says, 'The primary adverse effect of such draw-downs would be on boating in the marinas.' Lake Lynn also noted that the case should remain in federal court because it deals with conflicting interests between two states: maintaining lake levels in West Virginia above the dam, versus downstream water flows in Pennsylvania below the dam. It says five factors must be weighed: prioritizing license requirements; balancing lake recreational use against the downstream ecosystem; weighing the impact of the 2024 drought; determining what constitutes an emergency justifying adjusting the lake levels; and determining if its FERC license was in fact violated. Kleeh did not set a date for issuing his order on the motions.
Yahoo
24-05-2025
- Business
- Yahoo
FERC approves Lake Lynn's recreation plan update for Cheat Lake
May 23—dbeard @ MORGANTOWN — The Federal Energy Regulatory Commission this week approved Lake Lynn Generation's 2024 update to its recreation plan for the Lake Lynn Hydroelectric Project. The approval came as Lake Lynn pursues relicensing for the project. Lake Lynn did not propose any new recreation sites, facilities, or amenities in its update. FERC approved a couple small changes to the plan. Lake Lynn will remove the fish cleaning station at Cheat Lake Park. And the company will no longer be required to submit recreation plan updates every three years. FERC notes that this update was based on a 2020 recreation assessment, in consultation with stakeholders, with data obtained from spot visits to recreation sites on random weekdays, weekends and holidays during the year, for a total 40 days at each site. Lake Lynn reported that all sites, except Cheat Lake Park Lower Parking Area and Sunset Beach Marina, are used at less than 50 % capacity. Cheat Lake Park Lower Parking Area and Sunset Beach Marina were operating between 50 % and 100 % percent capacity. Lake Lynn old FERC that it will work to address the parking capacity issues that occur at Sunset Beach Marina on certain peak weekends. Lake Lynn wants to close the fish cleaning station, it told FERC, because it is consistently being misused and vandalized, requiring additional maintenance. Providing surveillance through security cameras or increasing security patrols would be costly. The station was not used at any time during the 2020 spot counts. The West Virginia Department of Natural Resources supports the removal of the station, Lake Lynn told FERC, and no stakeholders have objected to its removal. FERC found the request justified and reasonable. On the topic of stopping the triennial recreation plan updates, Lake Lynn told FERC that it began the current relicensing process in 2019, and it has proposed a new recreation management plan in its Final License Application. WVDNR supports the request and no stakeholders objected. FERC said Lake Lynn "is reminded that it has a continued obligation to maintain its project recreation facilities under its recreation management plan " and under federal code.
